The investigative function will completely go to the Investigative Committee by 2017, said Chairman of the Russia’s Investigative Committee Alexander Bastrykin at a round table at the Sorbonne University discussing the reform of investigating activity in France and Russia.
According to professor of the Pantheon-Sorbonne University Gerard Marcou, who invited Mr. Bastrykin to speak on the Reform in Russia, “the Chairman of the Russia’s Investigative Committee was invited as a person with academic career, a lot of scientific publications and considerable practical experience.
Mr. Bastrykin noted that the French practice in the area of criminal proceedings and criminal law has always been apprehended in Russia, especially during the reform of justice system in 1867. The Federal Law of December 28, 2010, (establishing independent Investigative Committee) divided functions of investigation and state prosecution to provide independent investigation by giving the function of investigation to the Investigative Committee – a single independent structure headed on the federal level by the Central Investigative Committee, whose head is appointed by the President of the Russian Federation.
The Chairman of the Investigative Committee reminded that the first to separate function of investigation was Peter I in XVII century to improve efficiency of investigation and provide its independence, as well as that of the prosecutor’s office.
After the reform in 1867 the function was given to judicial investigators and stayed like this until Soviet era – only after the murder of Sergey Kirov the investigation was given to the prosecutor’s office. In 2007 the Investigative Committee was created as a body adjacent to the prosecutor’s office and this laid groundwork and helped to avoid problems in transition to independent Investigative Committee.
Mr. Bastrykin reminded that in 2010 29 thousand former investigators of the prosecutor’s office came to the Investigative Committee and got the status of civil-service employees.
He stressed the importance of joint efficient work of the investigator and the prosecutor within their authorities, noting, that the disagreements between them are settled by a superior official in the Investigative Committee.
On the question of one of French professors that the reform has not yet solved the problem of independent investigation as the Interior Ministry and Federal Security Service also have such functions, Mr. Bastrykin admitted the problem, but underscored that all the functions of investigation should have been passed to the Investigative Committee by 2017 and the Federal Security Service would focus on its main tasks”.
Professor of Paris 1 University, Panthéon-Sorbonne Gérard Marcou
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